Teacher's Case To Go To Trial

Circuit Court Rules On Privacy Issue

October 15, 2005|By HILDA MUNOZ; Courant Staff Writer

A lengthy dispute between a former Wethersfield High School teacher and the school board over release of his medical records should go to trial, the U.S. 2nd Circuit Court of Appeals ordered this week.

The court ruled that the Wethersfield Board of Education and former Superintendent Lynne B. Pierson violated Thomas O'Connor's right to privacy by ordering him to sign a medical release to give Pierson, the board and their lawyers the right to examine his medical files.

O'Connor, who was placed on administrative leave in 1999 after being accused of using lewd language in the classroom and other inappropriate conduct, sued Pierson and the board in 2002 for invasion of privacy.

The lawsuit, which was prompted by the board's insistence that O'Connor consent to the board's examination of his medical records, was thrown out by Chief U.S. District Judge Robert N. Chatigny.

However, Chief Circuit Judge John M. Walker Jr. ruled Oct. 11 that a jury should weigh the merits of the case.

``Medical information in general and information about a person's psychiatric health and substance abuse history in particular is information of the most intimate kind. ... We easily hold that O'Connor had a protected privacy right in medical records sought by the board,'' the court's decision reads.

Pierson, now the superintendent of schools in Weston, could not be reached for comment.

O'Connor's attorney, Leon M. Rosenblatt, said he was delighted but not surprised by the decision.

``It's a very strong affirmation of the right of privacy and as you may know, the right of privacy under the Constitution is the root of the whole abortion debate,'' he said.

O'Connor, currently a substitute teacher in Hartford public schools and head coach at the Sports and Medical Sciences Academy in Hartford, said the ruling is fair because now he can have his day in court.

The self-described ``bohemian persona'' said administrators wanted to get rid of him because of his unconventional teaching methods.

He was placed on administrative leave in March 1999 while school administrators investigated allegations that O'Connor made lewd remarks about the Oedipus complex during a discussion of the Greek tragedy ``Oedipus the King.'' He eventually returned to the classroom in January 2002.

``After three years of investigating, they couldn't even reprimand me,'' he said Friday.

The board then tried to obtain O'Connor's medical history, using his heart condition as a pretext, Rosenblatt said.

``They had not yet found a reason to get rid of him, that's what they were looking for,'' he said. ``So being able to delve into his medical records and other things was a way to keep looking.''

Attorneys for the district demanded O'Connor undergo several psychiatric tests and evaluations that delved into family and personal matters.

They also wanted him to sign a waiver releasing his medical records and discussions with the psychiatrist to the board of education and anyone involved with the case.